Family Drug Store of New Iberia, Inc. v. Gulf States Computer Services, Inc.

• Decision Date: 27 June 1990
• Docket Number: No. 89-181,89-181
• Citation: 563 So.2d 1324
• Parties: FAMILY DRUG STORE OF NEW IBERIA, INC., et al., Plaintiffs-Appellants, v. GULF STATES COMPUTER SERVICES, INC., Defendant-Appellee.
• Court: Court of Appeal of Louisiana — District of US

Page 1324

563 So.2d 1324

FAMILY DRUG STORE OF NEW IBERIA, INC., et al., Plaintiffs-Appellants, v. GULF STATES COMPUTER SERVICES, INC., Defendant-Appellee.

No. 89-181.

Court of Appeal of Louisiana, Third Circuit.

June 27, 1990.

Lynn Derouen, New Iberia, for plaintiffs-appellants.

Caffery, Oubre, Dugas & Campbell, Lewis H. Pitman, Jr., New Iberia, for defendant-appellee.

Before DOUCET, LABORDE and KING, JJ.

KING, Judge.

The issue presented on appeal is whether the trial court erred in dismissing plaintiff's suit.

Jerry Wallace, acting for Family Drug Store of New Iberia, Inc. and Thrif-T-Way Pharmacy of Opelousas (hereinafter plaintiffs), purchased a computer software program, known as Medical Supply Stream (hereinafter MSS), from Gulf States Computer Services, Inc. (hereinafter defendant). Within a few days after an initial three day training session, plaintiffs decided that the procedure necessary to operate MSS was too burdensome and requested rescission of the sale and a refund. Defendant refused, and plaintiffs brought a suit in redhibition or, alternatively, to have the sale declared null and void due to error which vitiated consent to the contract of sale. After a trial on the merits, the trial court rendered judgment in favor of defendant and ordered plaintiffs' suit dismissed at their costs. A formal written judgment was signed. Plaintiffs timely appeal. We affirm.

FACTS AND LAW

The trial judge gave excellent written reasons for his judgment, which we adopt as our own, as follows:

"On January 5, 1987, the plaintiffs, Family Drug Store of New Iberia, also known as Delaune's Pharmacy, and Thrif-T-Way Pharmacy of Opelousas, purchased a computer software package known as Medical Supply System (MSS) from the defendant, Gulf States Computer Services, Inc. The plaintiffs were dissatisfied with the software's performance and demanded a refund from the defendant. The defendant refused and the plaintiffs initiated this suit in redhibition for the return of the purchase price or, alternatively, to have the contract of sale declared null and void.

The facts of this case are generally not in dispute. In 1985, Delaune's Pharmacy expanded into the 'home medical' field. This is the furnishing of durable medical equipment and other supplies to be used in a non-hospital setting. Delaunes had operated a computer system that used the same hardware, but a different software system. Jerry Wallace, a registered pharmacist and part owner of Delaune's Pharmacy for over twenty years, testified that he had operated the previous computer system for over ten years and was interested in acquiring another software package to operate a durable medical equipment aspect of the pharmacy. Mr. Wallace stated that he was attracted to the MSS software because it could apparently serve his needs and its price was $2,500.00, as opposed to similar systems costing between $10,000.00 and $15,000.00.

Mr. Wallace, who was authorized to act for both plaintiffs, met with Jeanne Richardson, the defendant's national sales director for two to three hours. He extensively questioned Ms. Richardson about the MSS and Ms. Richardson demonstrated the software for about fifteen minutes. Terms were agreed to with both plaintiffs purchasing software systems for $2,100.00 each in addition to a $500.00 training fee and a $600.00 charge for one year's maintenance. Checks from both firms were delivered to the defendant prior to the commencement of the training session.

Attending the training session for Delaune's Pharmacy and Thrif-T-Way Pharmacy were Shiela Derouen and Janelle Savoie. During the first two days of the training session, Ms. Derouen telephoned Mr. Wallace expressing concern over the manner in which the software had to be operated. Mr. Wallace instructed Ms. Derouen to proceed with the training session. She completed the course and explained the operation of the software to Mr. Wallace. Mr. Wallace found the system unsuitable in the following ways: (1) all data had to be printed out and could not be viewed on the monitor; (2) the information on the monitor would appear in code; (3) numerical codes were needed in opening a new patient file; and (4) the system was unable to scroll. Mr. Wallace informed the defendant of his dissatisfaction with the system and demanded a refund. The defendant refused.

Louisiana Civil Code Article 2520 defines redhibition as 'the avoidance of a sale on account of some vice or defect in the thing sold, which renders it either absolutely useless, or its use so inconvenient and imperfect, that it must be supposed that the buyer would not have purchased it, had he known of the vice.' A vice or defect contemplates a physical imperfection or deformity, for an example, the lack of a necessary component or level of quality. Williams v. Louisiana Machinery Co., Inc., 387 So.2d 8, 11 (La.App. 3rd Cir.1980).

In the case sub judice, the Court notes a surprising unanimity between all the witnesses...